Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not always possible. When that happens it is vital that stunned parents seek the help of experienced birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their field. This could mean failing to conduct routine prenatal testing or prescribing medication that increases the likelihood of birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injuries are often caused by environmental and genetic causes, however, they can also be caused by the negligence of a physician. For example in the event that a physician fails to recognize the presence of a congenital defect in utero and fails to notify the parents of this disability, the parents may file a wrongful birth claim seeking compensation for the ongoing costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the physician breached this duty, that the doctor's actions or inability to act directly caused injuries and damages and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical expenses, lost wages and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These birth defects can vary in severity and impact the how a child appears, acts and functions in life. Some are minor while others can cause serious issues that could be fatal.

The causes of birth defects could be due to genetic anomalies or a wide range of chemical and environmental factors. Exposure to harmful chemicals, for example causes serious complications in the infant. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or medications.

In the scientific literature, it has been established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina Bifida.

Many mothers are exposed many harmful chemicals when they are working. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the production of semiconductors. These toxins can also be ingested by parents who take certain over-the counter and prescription drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. Many different chemicals and toxins found in our homes as well as in food items can increase the risk of having a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxic substances is generally inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are unable to identify the exact cause of the specific birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is evaluating these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative population and follow their progress over time and their children. This study will provide the most comprehensive data to date about how various environmental factors affect fetal and child health.

Many parents who suffer from a birth defect law firm defect in their child feel guilt and believe that they caused it. However, these issues are often unavoidable. Our birth defect lawyers are aware of this and are committed to helping families whose children are born with birth defects.

Product Liability

Birth problems are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition which could have been prevented, you may be entitled to claim damages in a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if the condition of your child is caused by a medication, chemical or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness, your legal team will also be able to calculate the full cost of the medical bills that are admissible for compensation.

While the majority of these cases are not caused due to medical negligence there are instances where a doctor has been negligent during or prior to labor and birth. A doctor may prescribe a medication that injures an infant before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child being born with a birth defect. We have also brought birth defect lawsuits against companies that expose their workers to hazardous substances on the job like a paint factory or semiconductor manufacturing company.